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1997 Supreme(Gau) 88
GAUHATI HIGH COURT
J.N.Sarma, J.
Sinam Kula Singh: Manipur Pensioners Union: Raj Kumar Mangol Sana Singh: Irengbam Lukhoi Singh and Ors. -Appellant
Versus
Account General (A and E), Manipur and Ors. -Respondent
Civil Rule Nos. 387 of 1992,849,978.and 1063 of 1993
Decided On : 26-05-1997
Important Points
Subject
Service Law - PENSION
Act Referred
MANIPUR CIVIL SERVICES PENSION RULES : .
Headnote
PENSION - CCS (PENSION) RULES, 1972 - RULE 33 - INTERPRETATION - DEARNESS ALLOWANCE AND INTERIM RELIEF - WHETHER INCLUDED IN EMOLUMENTS - MANIPUR CIVIL SERVICE (PENSION) RULES, 1977 - APPLICABILITY - CENTRAL GOVT. CLARIFICATIONS - RELEVANCE.
Fact of the Case:
Petitions filed by retired employees of the Government of Manipur and their family members seeking inclusion of dearness pay in the calculation of their pensionary benefits under Rule 33 of the CCS (Pension) Rules, 1972, as adopted in Manipur.
Finding of the Court:
1. Rule 33 of the CCS (Pension) Rules, 1972 defines 'emoluments' as the basic pay received by a government servant immediately before retirement or on the date of death, including non-practicing allowance granted to medical officers in lieu of private practice. 2. The Manipur Civil Service (Pension) Rules, 1977 govern the case of the petitioners, and the Central Civil Service (Pension) Rules, 1972 and clarifications given by the Government of India cannot be automatically imported and enforced in Manipur. 3. The petitioners are not entitled to the relief claimed based on the Pension Rules of Manipur of 1977, as the Central Civil Service (Pension) Rules, 1972 and clarifications given by the Government of India are not applicable in Manipur. 4. The petitioners are entitled to the benefits as given in Annexures A/2 and A/3 issued by the Government of Manipur, which provide for the treatment of dearness allowance as pay for retirement benefits and the availability of interim relief to certain employees.
Issues: 1. Whether the petitioners are entitled to include dearness pay in the calculation of their pensionary benefits under Rule 33 of the CCS (Pension) Rules, 1972, as adopted in Manipur. 2. Whether the Central Civil Service (Pension) Rules, 1972 and clarifications given by the Government of India are applicable in Manipur.
Ratio Decidendi: 1. The right to receive pension flows to the person not because of any order but by virtue of the rules, and the Government servant is entitled to claim pension according to those rules. 2. Pension is not a charity or bounty, but is earned for rendering long service and is often described as a deferred portion of compensation for past service. 3. Pension schemes are consistent with the socio-economic requirements of the Constitution when the employer is a State within the meaning of Article 12 of the Constitution. 4. Pension is given and governed by the rules made for that purpose, and a case of pension must be considered strictly in accordance with the rules and regulations governing the same.
Final Decision: All the writ applications are disposed of, and the petitioners are entitled to the benefits as given in Annexures A/2 and A/3 issued by the Government of Manipur. If some benefits are available to the employees in terms of Annexure A/2 and A/3, they will be given.
B.I.Sharma , N.Ibotombi Singh, L.Shyam Kishore Singh, L.Nadakumar Singh
2.1 have heard Shri L. Nandakumar and Shri BI Sharma, learned Advocates for the petitioners and Shri Ibotombi Singh, learned Central Gent Standing Counsel and Shri L. Shyamkishore Singh, learned Govt. Advocate.
3. Civil Rule No.387 of 1992 has been filed by one Shri S. Kula Singh and it is submitted that in this petition there are 75 petitioners involved. Of them 57 are employees of the Govt. of Manipur, who retired between 31st of March, 1982 and 31st of December, 1985 and the remaining 18 are the family .members of the employees of the State Govt. servants who died while in service during the said period
4. Civil Rule No.849 of 1993 has been filed by 33 persons and they claim to have retired between 31st of March, 1982 31st of December, 1985.
5. Civil Rule No.1063 of 1993 has been filed by one Shri Irengbam Lukhoi Singh and this is stated to be the petition on behalf of 17 persons. Of them 12 are employees of Govt. of Manipur, who retired between 31st of March, 1982 and 31st of December, 1985 and the remaining 5 are the families of the employees of the State Govt. of Manipur, who died while in service during the said period.
6. Civil Rule No.978 of 1993 has been filed by Manipur Pensioner Union, a registered body and the same relief is sought.
7. The relief basically sought in all these writ applications are to issue a direction commanding the respondents to include their dearness, pay under Rule 33 of CCS Pension Rules, 1972 as adopted in Manipur in calculation of their pensionary benefits of the petitioners.
8. The State of Manipur, respondent No.3 has filed an Affidavit-in-opposition wherein in paragraphs 3, 4, 5, 6 and 8, it is stated, inter alia, as follows :
"3. That with reference to para No.4 to 6 of the writ petition it is submitted that the expression 'emoluments' defined in Rule 33 in the Central Civil Services (Pension) Rules 1972 is not limited to the retirees between 31.3.82 and 31:12.85 but is applicable to all retirees or officials who die-in-harness. But the expression 'emolument' is ill conceived by the petitioner's Association. Recokoning of dearness pay as ' emoluments' is to be determined by the order of the Govt. issued from time to time.
4. That, with reference to para. No.7 of the writ petition, it is submitted that facts reported in Appendix 19 to Swamy's Pension Compilation 11th Edition reprinted is not applicable to the State Govt. Employees inasmuch as for Central Govt. employees there was no Pay Revision in between 1.1.1973 and 1.1.1986 whereas, the employees of the State Govt. employees during the period of Pay Revision 1982, had already got the benefit of merger DA and ADA with their pay at the time of Pay Revision with effect from31.3.1982. Giving benefit of Dearness Pay (DP) as provided at Appendix 19 of Swamy's Pension Compilation to those employees and petitioners would result in giving benefit twice, once at the time of pay revision in March, 1982 by merging DA/ADA with pay again by taking the said DA and AD A as pay for computation of emoluments and average emoluments. At the time of pay revision in March, 1982 in the pay of the retirees mentioned at Annexure A/1 to the writ petition DA and ADA were merged. Again taking the said DA and ADA as pay of the retirees for computation of 'emoluments' and average emoluments will amount to double payment .
To mitigate the hardship of the retiring Central Govt. employees, Govt. of India from time to time issued orders treating certain quantum of DA and ADA as Dearness Pay and 2 (two) instalments of interim relievs for computation of Central Govt. employees pensionaries entitlements. These orders are embodied in Appendix 19 of Swamy Pension Compilation.
It is submitted that Rule 33 of CCS (Pension Rules) envisages computation of 'emoluments' not on national pay but on pay actually drawn except for increment
